HomeMy WebLinkAbout05-0360
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
NOTICE TO DEFEND AND CLAIM RIGHTS MANDATED BY R.C.P. 1920.71
PATRICIA 1. H. CAMPBELL
VS.
Civil Action
No. 05' ~"() ~
MATTHEW W, CAMPBELL
Action in Divorce
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish 10 defend against the claims sel forth in the
following pages, you must take prompt action. You are warned lhat if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be entered against you by the court.
A judgment may also be entered against you for any other claim or relief requested in these papers
by the Plaintiff. You may lose money or property or other rights important to you, including custody
or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary at lhe Cumberland County Courthouse, I Courthouse Square, Carlisle, P A, 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service of the
Cumberland Counly Bar Associalion
32 South Bedford Slreet
Carlisle P A 17013
717248-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
NOTICE TO DEFEND AND CLAIM RIGHTS MANDATED BY R.C.P. 1920.71
PATRICIA 1. H. CAMPBELL
Civil Action
VS.
No.
MATTHEW W. CAMPBELL
Action in Divorce
A VISO PARA DEFENDER Y RECLAMAR DERECHOS
USTED HA SIDO DEMAND ADO EN LA CORTE. Si desea defenderse de las quejas expuestas
en las paginas siguientes, debe tomar accion con prontitud. Se Ie avisa que si no se defiende, el caso
puede proceder sin usted y decreto de divorcio 0 anulamienlo puede ser emitido en su contra por la
Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensacion
reclamados por el demandante. Usled puede perder dinero, 0 propiedades u otros derechos
importantes para usted.
Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usled
puede solicitar consejo malrimoniaI. Una lista de consejeros matrimoniales esta disponible en la
oficina del Prothonotary, en la York County Court of Common Pleas, I Courthouse Square, Carlisle,
PA,I7013.
SI USTED NO RECLAMAPENSION ALIMENT1C1A, PROPIEDAD MARITAL, HONORARIOS
DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO
o ANULAMIENTO SEA EM1TIDO, US TED PUEDE PERDER EL DERECHO A RECLAMAR
CUALQUIERA DE ELLOS.
USTED DEBE LLEV AR ESTE P APEL A UN ABOGADO DE 1NMEDIA TO. SI NO TIENE 0
NO PUEDE P AGAR UN ABOGADO, VA Y A 0 LLAME A LA OF1CINA INDICADA ABAJO
PARA A VERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL.
Lawyer Referral Service of the
Cumberland Counly Bar Association
32 South Bedford Street
Carlisle P A 17013
Telefono No.717 248-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NOTICE TO DEFEND AND CLAIM RIGHTS MANDATED BY R.C.P. 1920.71
PATRICIA 1. H. CAMPBELL
Civil Action
VS.
No.
MATTHEW W. CAMPBELL
Action in Divorce
COMPLAINT
1. Plaintiff is PATRICIA 1. H. CAMPBELL, an adult individual, who currently resides at 506
Warren Street, Lemoyne, Borough ofLemoyne, Cumberland County, Pennsylvania, 17043.
2. Defendant is MATTHEW W. CAMPBELL, an adult individual, who currently resides at 506
Warren Street, Lemoyne, Pennsylvania, 17043.
3. The Parties have been bona fide residents in the Commonwealth of Pennsylvania for at least
six months immediately previous to the filing of this Complaint.
4. The Plaintiff and the defendanl were married on May 15, 1999 at Halifax, P A.
5. There have been no prior actions of divorce or for annulment between the parties.
6. The marriage is irretrievably broken.
7. The Plaintiff has been advised of the availability of counseling and lhat the Plaintiff may
have the right to request that the court require the parties to participate in counseling.
8. Plaintiff requests the court to enter a decree of divorce.
! J el O. Sechrist, Esquire
,
" Supreme Court 1.D. #15609
568 Old York Road
Etters PA 17319
I verifY that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject 10 the penalties of 18 Pa. C.S. 94904 relating to unsworn
falsification to authorilies.
DATE //17/ Os-
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Patricia L H. Campbell, laintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
PATRICIA 1. H. CAMPBELL
Civil Action - Law
c; v,' )
VS.
No. 0 J - :5 6 0
MATTHEW W. CAMPBELL
Aclion in Divorce
ACCEPTANCE OF SERVICE
I, MATTHEW W. CAMPBELL, Defendanl in the within aclion in divorce, do hereby
accept service of the Divorce Complainl filed by my wife, PATRICIA 1. H. CAMPBELL.
DATE:
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AGREEMENT
THIS AGREEMENT made this 7 ~ day ofF ~~J- v~ L-- Y ,2- 0 (') J;
by and between MATTHEW W. CAMPBELL, hereinafter referred to 'If{ HUSBAND, and
PATRICIA 1. H. CAMPBELL, hereinafter referred to as WIFE.
WITNESSETH:
WHEREAS, lhe parties hereto are husband and wife; and
WHEREAS, certain differences have arisen between them, as a consequence of which the
said parties are living separate and apart and therefore desire to enter into an agreement for the final
settlement oftheir property and affairs; and
WHEREAS, the parties, being fully advised as to their respective rights, duties and
obligations growing out of their marital status, have come to an agreement as to each and all of their
said matters of property and relations; and
WHEREAS, WIFE has entered suit for absolute divorce from HUSBAND.
NOW, THEREFORE, in consideration of the covenants and promises hereinafter mutually
to be kept and performed by each party, as well as for other good and valuable consideration, it is
agreed as follows:
I. SEPARATION: It shall be lawful for HUSBAND and WIFE to live separate and apart
from each other and to reside from time to time al such place or places as they shall
respectively deem fit.
2. INTERFERENCE: Each party shall be free from interference, authority and conlact by
the other, except as may be necessary to carry out the provisions of this Agreement. Neither
party shall molest the other nor attempl to endeavor to molest the other nor in any way harass
or malign the other, nor in any way interfere with the peaceful existence, separale and apart
from the other.
3. NAMES: It is understood that the terms HUSBAND and WIFE are used throughout this
Agreement solely as the method of identifying the parties and such words shall not be
construed 10 have any special meaning or purpose for their use, and are not dependent on
lheir marital status with each other.
4. DIVORCE: WIFE has filed an action for divorce in Cumberland County, Pennsylvania.
The parties agree that upon the passage of the ninety day waiting period after service of the
divorce complaint, they will both execute the necessary documents so that lhe divorce action
can be completed. This Agreement shall remain in full force and effect regardless of any
change in the marital status of lhe parties.
5.
WIFE'S DEBTS:
WIFE represents and warrants to HUSBAND thaI she will not contract
1
or incur any debt or liability for which HUSBAND or his estate might be responsible other
than those debts assumed by the HUSBAND as a consequence of the Agreement herein.
6. HUSBAND'S DEBTS: HUSBAND represenls and warrants to WIFE that he will not
contract or incur any debt or liability for which WIFE or her estate might be responsible
olher than those debts assumed by the WIFE as a consequence of the Agreement herein.
7. MUTUAL RELEASES: Subject to lhe provisions of this Agreement, each party has
released and discharged, and by this Agreement does for himself or herself, and his or her
heirs, legal representatives, executors, administrators, and assigns, release and discharge the
other of and from all causes of action, claims, righls or demands whatsoever, in law or
equity, which either of lhe parties ever had or now has against the other excepl any or all
causes of aclion for divorce and except any or all causes of action for the breach of any
provisions of this Agreement or property rights created and mainlained in this Agreement.
8. WAIVER OF CLAIMS AGAINST ESTATE: HUSBAND relinquishes his inchoate
intestate right in the estate of WIFE, and WIFE relinquishes her inchoate intestate right in
the estate of HUSBAND, and each of the parties hereto by these presents for himself or
herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit-
claim, and forever discharge the other party hereto, his or her heirs, executors, administrators
or assigns, or any of them, of any and all claims, demands, damages, actions, causes of
action, or suits at law, or in equity, of whatsoever kind or nature, for or because of any
manner of thing done, omitted, or suffered to be done by said other party prior to and
including the date hereof.
9. WAIVER OF INHERITANCE RIGHTS: Unless otherwise specifically provided in this
Agreement, as ofthe date of execution of this Agreement, HUSBAND and WIFE each waive
all rights of inheritance in the estate of the other, any right to elect to take against the Will
or any Trust of the other or in which the other has an interest and each of the parties hereby
waives any additional rights with said party has or may have by reason of their marriage,
except the rights saved or created by the terms of this Agreement. This waiver shall be
construed generally and shall include, but not be limited to, a waiver of all rights provided
under the laws of Pennsylvania or any other jurisdiction.
10. WAIVER OF BENEFICIARY DESlGNA TION: Unless otherwise specifically set forth
in this Agreement, each party hereto specifically waives any and all beneficiary righls and
any and all rights as a surviving spouse in and to any assel, benefit or like program carrying
a beneficiary designation which belongs to lhe other party under the terms of this Agreement,
including, but not limited to, pensions and retirement plans of any sort or nature, final pay
checks or any other post-death distribution scheme, and each party expressly slates that il is
his and her intention to revoke by the terms of this Agreement any beneficiary designations
naming the other which are in effecl as of the date of execution of this Agreement. If and
in the event the other party continues to be named as beneficiary and no altemale beneficiary
is olherwise designaled, the beneficiary shall be deemed to be the estate of the deceased
party.
2
11. RESIDENTIAL PROPERTY: The parties are the owners of a tract of improved
residential real eslale which is located in the Borough of Lemoyne, Cumberland County,
Pennsylvania, and which is known and numbered as 506 Warren Street, Lemoyne,
Pennsylvania. The aforementioned real estate is subject to a mortgage held by Citizens Bank
with a current balance of approximately $101,000.00. WIFE has vacated the premsises, and
HUSBAND continues to occupy the premises. HUSBAND agrees to promptly secure
financing in order to satisfY the aforementioned obligation. When new financing has been
arranged, WIFE will convey all of her right, title and interest in the premises to HUSBAND,
and HUSBAND shall pay to WIFE the sum of Thirteen Thousand ($13,000.00) Dollars.
Until such time as transfer of the title to the real eslale, HUSBAND shall be responsible for
all costs associated with the real estate including, but not limited to, mortgage payments, real
estate taxes, insurance, utililies and maintenance and upkeep.
12. DIVISION OF PERSONAL PROPERTY: The parties agree to divide up ilems of personal
property 10 their mutual satisfaction.
13 . SUPPORT: Each party hereby agrees not 10 claim or demand any support for himself or
herself, alimony Pendente Lite, permanent alimony, counsel fees or expenses from the other
party, excepl as specifically provided for in this Agreement.
14. WAIVER OF APPRAISEMENT AND INVENTORY: The parties acknowledge and
agree that they have had an opportunity to value or have appraised any and all marital
property, and they do hereby waive a fonnal appraisal and inventory of same, and no
statement or representation by either party as to value shall be deemed a misstatemenl or
misrepresenlalion 10 the olher or be deemed fraudulent.
15. EXECUTION OF DOCUMENTS: The parties hereto agree to execute any and all
documenls necessary to effecl the tenus of this Agreement.
16. INCORPORATION: This Agreement may be incorporated into, bul shall not be merged
with, a Decree in Divorce between the parties.
17. LAW OF AGREEMENT: This Agreement shall be construed under the laws ofthe
Commonwealth of Pennsylvania.
18. ENTIRE AGREEMENT: This Agreement contains the entire underslanding between the
parties. There are no representations, warranties, covenanls or understandings other than as
expressly set forth herein.
19. LEGAL ADVICE: WIFE has been represented in the within aclion by Joel o. Sechrist,
Esquire, and HUSBAND has been advised to consult his own attorney. The parties 10 this
Agreement hereby acknowledge that they have carefully examined its contents and that they
are satisfied that they understand the Agreement and further lhat lhe Agreement is, under the
circumslances, fair and equitable and thaI il is being enlered into freely and voluntarily and
that it is not entered into as a result of any collusion or improper or illegal agreement or
agreemenls.
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the date first
above written.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
PATRICIA 1. H. CAMPBELL
Civil Action - Law
VS.
No. 05-0360 CIVIL
MATTHEW W. CAMPBELL
Action in Divorce
AFFlDA VIT OF CONSENT
1. A Complaint in Divorce under S330l (c) of the Divorce Code was filed on January 20, 2005.
2. The marriage of the plaintiff and defendant is irretrievably broken and ninety days have elapsed
from the date of filing and service oflhe Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to request
entry of the decree.
I verifY lhat the statements made in the affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. S4904, relating to unsworn
falsification to authorities.
Date: <fl ?...1/ CJ-
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1Gh(J1 J ~ . Ca1'lfk~
Patricia 1. H. Campbell
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PATRICIA 1. H. CAMPBELL
Civil Action - Law
VS.
No. 05-0360 CIVIL
MATTHEW W. CAMPBELL
Action in Divorce
AFFIDAVIT OF CONSENT
I. A Complaint in Divorce under ~3301 (c) of the Divorce Code was filed on January 20, 2005.
2. The marriage of the plainliff and defendant is irretrievably broken and ninety days have elapsed
from the date of filing and service ofthe Complaint.
3. I consenl to lhe entry of a final decree of divorce after service of no lice of intention to request
entry of the decree.
I verifY lhat the stalements made in the affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. g4904, relating to unsworn
falsification to aulhorities.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
PATRICIA 1. H. CAMPBELL
Civil Action - Law
VS.
No. 05-0360 CIVIL
MATTHEW W. CAMPBELL
Action in Divorce
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE
UNDER S3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand thaI I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do nol claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and lhat a copy of the decree will be sent to me immediately after il is filed with the prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand lhat false
statements herein are made subject to the penallies of 18 Pa. C.S. S4904, relating to unsworn
falsification to authorities.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
PATRICIA 1. H. CAMPBELL
Civil Action - Law
VS.
No. 05-0360 CIVIL
MATTHEWW. CAMPBELL
Action in Divorce
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE
UNDER S3301(c) OF THE DIVORCE CODE
I. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may Jose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them betore a divorce is granled.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy ofthe decree will be sent to me immediately after il is filed with the prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein are made subjecl to lhe penalties of 18 Pa. C.S. S4904, relating to unsworn
falsification to authorities.
DATE:
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Matthew W. Campbell
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PATRICIA I. H. CAMPBELL
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL DIVISION
MATTHEW W. CAMPBELL
NO. 05-360
CIVIL TERM
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information to the court for entry of a divorce decree:
1. Ground for divorce:
Irretrievable breakdown under &3301 (c)
:J:J01 (Q}(l) of the Divorce Code.
(Strike out inapplicable section).
2. Date and manner of service of the complaint: Acceptance of Service - January 21 ,
2005
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by &3301 (c) of the Divorce Code:
byplaintiff April 28. 2005 by defendant April 28, 2005
of the Divorce 0 .
(2) Date of filing and service of the plaintiff's a
n the respondent:
4.
Related claims pending:
All claims settled by Agreement dated
February 7, 2005
5. Complete either (a) or (b).
(a) Date and I ,,!Inner of scri/iee of the nGtiec of intention to file praecipe to transmit rocord, Q
eepy of which ~ attached. ."~ ._....u_._.. -.-- .. ,.,'.--,
(b)
Date of plaintiff's Waiver of Not~n 93301 (c) Divorce was filed with
the Prothonotary: S J ( rJr
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the Prothonotary:
Date defendant's Waiver of olic in &3301 (c) Divorce was filed with
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IN
COURT OF COMMON
PLEAS
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ANI) NOW",~, .I.()""."",.. H:?Op5" it is ordered and
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dAcrAAd thClt "l'aj:~,:i,<;:j.?i, ,J;" fl.", ,C;:~!l1p.l?~l1""""".",."", plQintiff,
and Ma,t1::h~;-;: ,'IY" c:ampb,ell, , " , , , , , , , , , ' , ' , , , ' , , , , , , , , , , , , , " defAndant,
ore divorcAd from thA bonds of matrimony.
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~e-c-ddr~r-FP.-t.fHR 5 -itH' i54iet-i&A- -of-the- ffil-lewiflg-elffl ms- wl-tidr hl"lve- .
bemr rois~ of -, ~d-itt- this-oeM on-for-whit:h-a -tma I- order -+ms- nut-yer
be~ente~~ It is further ordered and decreed pursuant to
Pennsylvania Divorce Code, Section 23 Pa. C.S.A. ~3101 et seq.
and Pa. R.C.P. 1920.1 et seq., that in accordance with Paragraph
'1'(;; , j:,age' '3' 'of' the' Ag:reeinEirit' d'a:ted' 'F'ebti.iary' 7" 20U5; 'wnich Ts' .
,,,,t;t?i!='.t1~9 r.,~r;"j:9 ,~I:19., ,ll)~9~. ,q . P?l,r:t; ,11.~,r~<?f." ,~<:1id, ,J!.gr~.~m,!,nt, ,shal,l ,be
incorporated into, but shall not be merg~d wi~ a ecree of
Divo:c:~~e1::en the parties. /) ,~~
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Attest: (1,.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
PATRICIA 1. H. CAMPBELL NO. 05-360 CIVIL
;
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Plaintiff
; JlCTION IN DIVORCE
v.
MATTHEW W. CAMPBELL ;
:
Defendant
NOTICE OF ELECTION TO RETAKE FORMER NAME
Notice is hereby given that the Plaintiff in the above matter,
having been granted a Final Decree in divorce from the bonds of
matrimony on the 'CiH day of mA'/ . 2~' hereby
elects to retake and hereafter use her previous name of
Patricia Irene Harbart
J7(dJ\I(j~, J.llCfu~fW0-
(Slgnature - rrarned n;~)
1{dN\L~ 1\ W\\ ~h~~L-
(S l:JldtuIe - to be nown as)
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF .cUfHlERL'\JllD YORk
ss.
On the IPTH day of ('rIA't 2f:rot;', before, a
Not ary Public, personally appeared PII'T rZ I ( I'" I. II . ~f'e,8U.. known
to me to be the person whose name is subscribed to the within docu-
ment, and acknowledged that she executed the foregoing for the pur-
pose therein contained.
IN WITNESS WHEREOF. I have
Seal.
hereunto set my hand and Notarial
~~(Q~
ota y ublic
Notarial Seal
Linda J. McDaniel, Nola1y Public
FaiIViewTwp., York County
My Commission Expires February 23, 2007
_.PennsyIvanIa_Of_
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